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Ord 54-2011 9/20/2011ORDINANCE NO. 54 -2011 Ordinance Amending the Code of Ordinances Of The City Of Wichita Falls To Modify And Provide Fees And Rates, Providing For Codification, And Declaring An Emergency And Effective Date WHEREAS, City Staff have studied the cost of providing the services described herein administering and enforcing the regulatory schemes described herein, and determined that costs are currently not being covered by the existing fees; WHEREAS, after receiving and reviewing the aforementioned costs, the City Council finds that the fees established herein do not exceed the amount reasonably necessary to provide the services and administer and enforce the regulatory programs to which they are related; and, WHEREAS, the City Council finds that increases in the fines, fees, and rates described herein are necessary to provide for the services and regulatory programs described herein and further finds that any discrimination established against non- residents in fee amounts does not provide funds that exceed the taxpayer- funded amount of the described programs. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, THAT: 1. Health Department Fees Article VIII of Chapter 48 of the Code of Ordinances of the City of Wichita Falls is amended to delete Division 4, Ambulance Fees, therefrom. Division 1 of Article VIII of Chapter 48 of the Code of Ordinances of the City of Wichita Falls is amended to read as follows: Division 1: Environmental Division Fees: Sec. 48 -81. Food establishment permit and certification fees. There shall be charged the following fees for permits, certifications, and inspections by the Wichita Falls/Wichita County Local Public Health District under Chapter 26, Article IV, Food and Food Vendors and Establishments: (a) Permits: (1) Process 1 (low to moderate risk): $125.00. (2) Process 2 (high risk): $150.00. (3) Process 3 (very high risk): $175.00. (4) Temporary events: $30.00. (5) An additional permitting fee of $60.00 will be charged to a food establishment for each of the following activities at the establishment: (A) Meat market. (B) Catering. (C) Bakery. (D) Snack bar. (E) Fish market. (F) Commissary. (6) Non - profit organizations which are exempt from federal tax liability under 26 U.S.C. 501(c)(3) are exempt from permit fees, unless consideration is charged for the food served. (7) Temporary events sponsored or GO sponsored by the � exempt �rcmpvr-ar�� events �pvrr�vrc.�- �y- -cr-r� from Permit fooc (b) Certifications: (1) Frozen dessert establishment certification, including training for one employee: $100.00. (2) Frozen dessert operator certification for additional employees: $20.00 for each employee. (3) Non - profit organizations which are exempt from federal tax liability under 26 U.S.C. 501(c)(3) are exempt from certification fees, unless consideration is charged for the food served. (4) Temporary events sponsored or GO sponsored by the pity are exempt from nertifinotion fooc (c) Food handler's training certificate: (1) Food handler training certificate: $20.00. (2) Replacement food handler's training certificates (lost card): $4.00. Sec. 48 -82. Fees for Ambulance Franchises and Permits. There shall be charged the following fees for ambulance franchise applications, franchises, and annual permits issued by the City of Wichita Falls under Chapter 42, Emergency Services: (a) Initial franchise application fee: $500.00 (b) Annual franchise fee: $100.00 (c) Annual permit fee per ambulance: $100.00 Sec. 48 -83. Foster Home & Day Care Inspection Fees. (a) Foster Home Inspection Fee: $50.00 (b) Day Care Inspection Fee. $100.00 Sec. 48 -84. Public and Semi - Public Water - Related Activities. (a) Swimming Pool Permits: $100.00 per pool per year (b) Manager of Operation: $50.00 per manager per year Sec. 48 -85. Late Fee. Late charge for renewal of expired Division 1 permits: $25.00 for every month expired 2. Fee for Removal of Debris Section 90 -96 of the Code of Ordinances of the City of Wichita Falls is amended to read as follows: Sec. 90 -96. - Removal of construction, remodeling or cleanup waste. (a) Rock, waste, scrap building materials, or other trash resulting from construction or remodeling or from a general cleanup of vacant or improved property or from sizeable amounts of trees, brush, or debris cleared from property will not be removed by the city as a regular service but may be done for the owner on payment of extra fees at the rate of $107.00 $112.00 per hour for provision of a dump truck and a crew of two. A 15- minute travel time will be assessed plus loading time in computing the charges. (b) Notwithstanding subsection (a) of this section, all types of trash, refuse and rubbish will be carried by the city during various cleanup campaigns proclaimed by the city. During a cleanup campaign, no additional charges will be levied for picking up properly bundled or bagged trash, municipal solid waste or rubbish. (c) During the term of any cleanup campaign in which no charge will be levied, it shall be unlawful for the user to load or allow to be loaded in the trailer or disposer anything that will extend above the height or beyond the side of it. (d) Material described in subsection (a) of this section that is hauled in a truck or trailer having a gross vehicle weight of 10,000 pounds or higher shall be disposed of at the city sanitary landfill only. 3. Solid Waste Collection Rates Sections 90 -126 through 90 -128 of the Code of Ordinances of the City of Wichita Falls are amended to read as follows: Sec. 90 -126. Charges for city collection. The rates for gathering and removal of municipal solid waste from all premises within the city shall be calculated on the following basis: (1) Single- family unit: a. Alley collection $16.75 16.00 per month b. Curbside automated collection $13.95 13.30 per month (2) One - family unit or single - family unit, without alley entrance, where it is necessary to carry out municipal solid waste for more than ten feet but less than 50 feet from the curb: $35.30 33.79 per month (3) One - family unit or single - family unit, without alley entrance, where it is necessary to carry out municipal solid waste for more than 50 feet but less than 100 feet from the curb: $43.30 41.35 per month (4) One - family unit or single - family unit, without alley entrance, where it is necessary to carry out the municipal solid waste more than 100 feet from the curb: $51.30 409 per month (5) Multifamily units on one meter, excluding apartment complexes and mobile home parks, per unit: a. Alley collection $16.75 16.09 per month b. Curbside automated collection $13.95 13.39 per month (6) Multifamily units on separate meter, excluding apartment complexes and mobile home parks, per unit: a. Alley collection $16.75 16.09 per month b. Curbside automated collection $13.95 13.39 per month (7) Apartment houses and complexes, which receive curbside automated collection, all residential units therein, each unit $16.75 16.09 per month (8) Mobile home parks, which receive curbside automated collection, all mobile home spaces therein, each space $13.95 13.39 per month (9) Commercial and business establishments, which receive curbside automated collection, shall be charged at a rate to be established by the sanitation superintendent on the basis of cost of service to be determined by the container volume or time consumed, but no business, commercial customer or establishment shall be charged less than $32.05 309 per month for hand collection service. (10) Commercial and business establishments, apartment complexes and mobile home parks and the city housing authority which receive sanitation container system service for the removal of municipal solid waste shall be regulated under the rates and rules as provided in this subsection, as routes for such service are established by the city. Under the sanitation container system service, the city will furnish a container to be used in the collection and removal of municipal solid waste. The monthly charges will be determined from the following schedule; these charges are based on the container size and number of collections per week: Container Size Pickups Per Week Monthly Charge Per Container (cubic yard) 3 2 $96.25 91.90 3 3 $144.30 137.80 3 4 $192.40 183.75 3 5 $240.80 2-30.00 3 6 $288.55 275.60 4 2 $109.00 iO4.i0 4 3 $163.55 156.20 4 4 $218.05 2-085 4 5 $272.55 260.30 4 6 $327.65 312.35 8 2 $208.40 199.00 8 3 $327.05 298.60 8 4 $416.80 3980 8 5 $521.05 4960 8 6 $625.20 $09715 Any customer requesting container system service shall provide adequate access to the container site, as approved by the sanitation superintendent. If at any time the requested container service level is determined to be inadequate to meet required service demands, the sanitation superintendent shall have the authority to increase the number of containers and /or frequency of collections. Any customer who pays the rate set forth in this subsection for containers and has been furnished the containers may upon request be furnished additional containers. The rate increase is to be determined by the schedule in this subsection. A charge of $40.10 38.30 per container will be made for each change in size or number of containers serving a site when such change is requested by the customer. When containers can serve several adjacent business institutions, they will be required to use the same container and pay a pro rata part of the charge determined according to the appropriate quantity of space used. Additional pickups will be made at $56.10 83.60 per container. Nothing outside the container will be removed for the container fee. Containers must be properly loaded with doors closed for pickup to occur. The customer shall be responsible for the cleanliness around the container and shall ensure boxes (cardboard /wood) are broken down prior to being placed in the container. (11) Service rendered outside the corporate limits shall be 200 percent of the rates set out in this section. (12) Automated curbside service rates will be calculated on the same basis as subsections (1) through (9) of this section. Additional automated curbside service may be added to any account for a rate, for each additional container, that is 50 percent of the established rate. (13) The charges for ten cubic yard roll -off service are as follows: a. Delivery charge $40.10 38.30 b. Fixed use fee $32.05 300 c. Per day rental, first ten days $4.80 4-.60 d. Per day rental, after ten days $10.45 10. 00 e. Landfill charge for refuse, per ton $30.80 f. Landfill charge for compostable organic material, per ton $19.80 281. Sec. 90 -127. - Due date of charges. All sanitary service charges shall be due and payable as provided in section 106- Sec. 90 -128. - Commercial landfill and transfer station charges. The charges for commercial landfill and transfer station charges are as follows: (1) Municipal /industrial solid waste hauled to landfill, per ton $30.80 (2) Municipal /industrial solid waste hauled to transfer station, per ton $40.15 (3) Source - separated compostable organics hauled to the landfill, per ton $19.80 (4) Contract haulers and private firms hauling commercial and certain industrial waste in detached bulk containers in a minimum annual amount of 100 tons may negotiate a disposal charge by written contract with the city manager. The city manager shall negotiate a rate profitable to the city after considering current market conditions and the city's disposal costs. (5) Commercial haulers will be assessed the appropriate user fee for the use of the landfill or transfer station. All governmental entities, excluding the city, shall be charged the commercial rate. (6) Municipal solid waste from a city residence which is assessed the residential rate may be disposed of at the landfill or transfer station without charge. If the hauler is being compensated for the hauling, then the hauler will be considered a commercial hauler and a disposal fee shall be assessed. The sanitation superintendent or disposal site supervisor shall have the authority to determine if a fee is to be assessed in situations not otherwise covered by city ordinance. (7) Any hauler who delivers solid waste material to the landfill or transfer station shall be charged a loose materials fee of $25.00 unless the load is covered and the covering firmly secured to the vehicle or the waste material is completely enclosed by the load- carrying compartment of the vehicle. 4. Wholesale Water Rates Subsection (a) of Section 106 -127 of the Code of Ordinances of the City of Wichita Falls is amended to read as follows: (a) The following rates are approved for the indicated category of wholesale water customer, and shall apply unless a contract expressly provides for fees to be charged or calculated in a different manner than as shown below: Category Per 1,000 Per 100 Cubic Gallons Feet Treated water transmitted (TWT) NA $2.8478 2.6061 Treated water only (TWO)- -Sole NA $1.6886 1.8191 source—SAFB: Treated water only (TWO)- -Sole source -- NA $1.8992 1.5863 Iowa Park Raw water only (RWO) $0.2729.2783 NA Raw water transmitted (RWT) $0.3227.3206 NA 5. Fire Hydrant Meter Deposit The "Deposit for Fire Hydrant Meter" line item of Subsection (c) of Section 106- 129 of the Code of Ordinances of the City of Wichita Falls is amended to read as follows: Deposit for Fire Hydrant Meter $2000 meter deposit 999 plus $100 billing deposit 6. Codification The sections of this ordinance that specify they amend or add to the Code of Ordinances of the City of Wichita Falls are intended to be parts of said Code, and said sections of this ordinance may be renumbered or relettered to accomplish such intention. 7. Emergency Declaration and Effective Date The City Council finds that the need for providing funds for the operation of the City and administering the fees established herein constitutes an urgent public need for the preservation of the peace, health and safety of property of the city, and declares that this is an emergency measure, which shall become effective on October 1, 2011, unless a different date is expressed herein. PASSED AND APPROVED this the 20th day of September, 2011. MAYOR ATTEST: City Clerk